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KAHANE v. UNUM LIFE INS. CO. OF AMERICA

No. 08-15022.

563 F.3d 1210 (2009)

Lisa KAHANE, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 30, 2009.

Attorney(s) appearing for the Case

Irving Isaac Lesnick, Harnett & Lesnick P.A., Boca Raton, FL, for Plaintiff-Appellant.

Kristina B. Pett, Pett, Furman & Jacobson, PL, Boca Raton, FL, for Defendant-Appellee.

Before TJOFLAT, BLACK and COX, Circuit Judges.

COX, Circuit Judge:

In this appeal, we consider whether a Plaintiff who agreed to stay litigation brought pursuant to the Employee Retirement and Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), and participate in a voluntary claim reassessment process with a Defendant insurer, is entitled to recover attorney's fees for work done in that process. We conclude that the claim reassessment process at issue in this appeal is substantially similar to the pre...

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